Laserfiche WebLink
D. An Appropriation MU Not Be Confirmed For A Structure Which Simply Directs <br />The Flow Of The River Within The Stream Channel, Where The Applicant Concedes That It <br />Does Not Physicals Control Water And Concedes That It Has No Right To Water As Against <br />Other Water Users Within The Reach Of The Stream Where The Claimed Beneficial Uses Will <br />Take Place. <br />1. Fort Collins' claimed "diversion" at the Nature Center Diversion Dam is nothing <br />more than a thinly veiled attempt to obtain an in- stream flow right on the Poudre River <br />through Fort Collins. <br />Fort Collins' 1988 Application, in which it stated for the first time its intent to <br />"divert" water at two dams within the channel of the Poudre, was the result of a settlement <br />between Fort Collins and the Colorado Water Conservation Board ( "CWCB "). The CWCB had <br />opposed Fort Collins' 1986 Application on the basis that only the CWCB had the authority to <br />make appropriations for in- stream flows. Rec.Vol.I, CWCB Statement of Opposition. On May 26, <br />1988, the CWCB and Fort Collins reached a settlement whereby the City stipulated that it would <br />withdraw its claim for in- stream flow rights and amend its application as set forth the 1988 <br />Application, and the CWCB stipulated that it would not oppose entry of a decree no less <br />restrictive than the proposed decree attached to the stipulation. Rec.Vol.I, CWCB Stipulation <br />and Exhibit B thereto. That proposed decree states that "[t]he applicant does not claim a right <br />to assert dominion and control over the water diverted once it leaves" the Power Plant Diversion <br />Dam and the Nature Center Diversion Dam. Rec.Vol.I, CWCB Stipulation, Exhibit B, T 9. <br />Essentially identical language is set forth in paragraph 19 of the decree entered by the trial court 23 <br />Decree, p.6, ¶ 19. <br />22 1he stipulation also states that the CWCB "takes no position concerning' the date of appropriation that should be <br />awarded the appropriations claimed in the 1988 Application since the CWCB did not raise that issue in its statement of <br />opposition. Rec.Vol.I, CWCB Stipulation, If 3. <br />23 "Fort Collins does not claim a right to assert dominion and control over the water diverted once it leaves the point <br />of diversion described in paragraph 49(c) hereof [the Nature Center Diversion Dam], based upon the provisions of this <br />decree." <br />27 <br />